Pignaz v. Burnett

Citations

• 121 Cal. 292
• 53 P. 633
• 1898 Cal. LEXIS 896

Syllabus

<p>Appeal ebom Judgment—Dismissal—Failube to File Transcript—Bill or Exceptions upon Order.—An appeal from a judgment will be dismissed for failure to file a transcript within the time limited therefor, where it appears that the only unsettled bill of exceptions was taken upon an order made after judgment refusing to vacate an order for a writ of assistance, and referred entirely to proceedings taken subsequent to the entry of judgment. Such a bill of exceptions could not be used or referred to upon the appeal from the judgment, and does not extend the time within which the transcript should be filed.</p> <p>Id.—Appeal from Order—Failure to File Undertaking.—Where the only-undertaking filed in the court below is limited by its terms to an appeal from the judgment, an appeal from an order made after judgment with reference to which no undertaking was filed must be dismissed.</p>